Shields v. Pliler

97 F. App'x 160

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 14, 2004
• Docket: No. 03-17066
• Status: Published

Opinion

MEMORANDUM

**

Remon Shields, a California state prisoner, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that his Eighth Amendment rights were violated by the California State Department of Corrections’ (“Department”) policy of housing in the general population prisoners who have been validated as members of “disruptive groups.” We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim pursuant to 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed Shields’ complaint because he failed to allege sufficient facts to show that the Department’s housing policy poses a substantial risk of serious harm. See Farmer v. Brennan, 511 U.S. 825, 834, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.